ALLEGANY COUNTY BOARD OF LEGISLATORS

REGULAR SESSION

OCTOBER 27, 2008

 

** APPROVED **


 

            The regular meeting of the Board of Legislators was called to order at 2:05 p.m. by Chairman Curtis W. Crandall, who then led in the Pledge of Allegiance to the Flag.  The Invocation was given by Legislator Pullen.

 

ROLL CALL:  15 Present; 0 Absent.

 

APPROVAL OF MINUTES:

 

            The Board meeting minutes of October 14, 2008 were approved on a motion made by Legislator Dibble, seconded by Legislator Pullen and carried.  Legislator Ungermann commented that there was more discussion than what was reflected in the minutes on page 12 for Resolution Intro. No. 182-08 regarding an agreement with Public Sector HR Consultants, which was defeated.

 

PUBLIC HEARING:

 

            Chairman Crandall closed the regular meeting to hold a public hearing on Local Law Intro. No. 4-2008, entitled “A Local Law to Provide Increases in the Compensation of Certain County Officers.”  There being no one desiring to speak, the public hearing was declared closed and the Board reconvened in regular session.

 

PRIVILEGE OF THE FLOOR:

 

            Chairman Crandall granted privilege of the floor to Paul Plants, NYS Oil Producers Association, who spoke in support of the resolution urging a variance in oil and gas well drilling regulations.  The Department of Environmental Conservation wants to limit any new field production to a ratio of one barrel of oil to 2,000 cubic feet of gas.  The wells in New York State are so poor and the sands are so tight that if that regulation stands, we can’t produce these wells when drilled.  Testing has revealed that, depending on the wells, it takes upwards of 50,000 cubic feet before reaching the first amount of oil.  Mr. Plants noted that this is not a law, but a regulation that DEC can use, or not use, depending on the discretion of the Director of DEC.

 

            Chairman Crandall took the floor to present framed Certificates of Appreciation to employees being recognized for 30 years of service to Allegany County.  Chairman Crandall noted that the group collectively has a lot of years of valuable experience.  As we are seeing a more experienced workforce, we are realizing the need to pass this experience along in any way possible.  Chairman Crandall thanked the honorees for their years of service thus far.  Recognized were:

·        John E. Margeson, County Administrator

·        Louise Windus, Senior Tax Map Technician, Real Property Tax Service Agency

·        Timothy G. Allen, Building Maintenance Assistant, Department of Public Works

·        Jeffrey R. Hooker, Building Maintenance Assistant, Department of Public Works

·        Kristine S. Young, Senior Case Manager, Department of Social Services

·        Rodrick A. Francis, Road Maintenance Supervisor, Department of Public Works

·        Dawn S. Santangelo, Engineering Technician, Department of Public Works.

Not in attendance, but also to receive certificates are: 

·        David J. Bentley, Deputy Sheriff

·        Charles K. Butler, Deputy Sheriff

·        Richard G. Fontaine, Deputy Sheriff

·        Donna M. Emrick, Job Developer, Employment and Training

·        Patricia M. Francis, Senior Account Clerk Typist, Employment and Training

·        Frank K. Karnes, Heavy Motor Equipment Operator II, Department of Public Works

 

            Chairman Crandall granted privilege of the floor to Assistant County Attorney Leslie Haggstrom who spoke on behalf of the Allegany County Area Foundation.  The Foundation is in its 25th year.  They are proud of the work they’ve accomplished so far and appreciate the Board’s continued support.  Annual Reports were distributed.  Ms. Haggstrom introduced Robert Christian, Executive Director, to accept a donation on behalf of the Foundation.  Chairman Crandall presented Mr. Christian with a check, drawn on the legislators’ non-tax-funded flower fund, and noted that the Board appreciates the work accomplished by the Foundation.  Over the past years, they have grown into a vitally important part of the County.  Mr. Christian thanked the Board, as a group and individually, for their support to the Foundation.  They are a community foundation belonging to the people of the County.  Their work is made possible through donations, and gifts like this are vital to allow them to continue giving scholarships and grants, enabling some students to attend college who might not otherwise be able to.  Mr. Christian requested that the Board share with the community about what the Foundation is doing and its importance.

 

            Chairman Crandall granted privilege of the floor to Allegany County United Way Executive Director Julie Briggs Cunningham and Campaign Chairman Donna Sweet.  Ms. Sweet noted that this is their 50th year, and since the organization began in 1958, they have raised a total of $4,869,253.  The Allegany County United Way has shifted its focus, changing to a community impact organization from a fundraising organization, effecting sustainable change and impacting the lives of Allegany County residents in areas such as health, education, and economic stability.  Donations are investments in the future of our County.  Ms. Sweet thanked all those who have already given donations.  Ms. Cunningham highlighted the particulars of the campaign structure, which include interviews of agencies and many hours of time and effort in order to ensure that our gifts do what they say and create an impact.  Examples of United Way’s initiatives and partnerships are the Earned Income Tax Credit Free Tax Preparation Assistance Program, which last year resulted in a 71 percent increase in tax returns filed for free and a corresponding increase in money coming back into the County in the form of refunds, and the Caremark Discount Prescription Drug Program, saving up to 20 percent for medications not covered by a health plan.  Allegany County United Way is doing its best to create an impact.  They reached their goal of $275,000 last year, and the goal for this year is $287,000.

 

ACKNOWLEDGMENTS, COMMUNICATIONS, REPORTS, ETC.:

 

            1.         Placed on each legislator’s desk was a copy of the Committee of the Whole minutes of October 15, 2008 for review.

 

            2.         Correspondence was received from the Allegany Senior Foundation thanking the Board for its recent contribution.

 

            3.         A news release was received from the Southern Tier West Regional Planning and Development Board highlighting their October 16 meeting.

 

PROCLAMATION:

 

            Chairman Crandall proclaimed October 26 through November 1, 2008 as Winter Weather Awareness Week in Allegany County and urged all citizens to prepare for the upcoming season by heeding the advice and information from the emergency management community so that they can enjoy winter with a greater sense of comfort and safety.

 

RESOLUTIONS:

 

RESOLUTION NO. 180-08

 

ADOPTION OF LOCAL LAW INTRO. NO. 4-2008, PRINT NO.1, IN RELATION TO

A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF

CERTAIN COUNTY OFFICERS

 

Offered by:  Ways and Means Committee

 

            RESOLVED:

 

            1.         That proposed Local Law Intro. No. 4-2008, Print No. 1, is adopted without any change in language, to wit:

 

COUNTY OF ALLEGANY

 

Intro. No. 4-2008                                                                                                                   Print No. 1

 

A LOCAL LAW TO PROVIDE INCREASES IN THE COMPENSATION OF

CERTAIN COUNTY OFFICERS

 

            BE IT ENACTED by the Board of Legislators of the County of Allegany, State of New York, as follows:

 

            Section 1.       Commencing January 1, 2009, the annual salary of the incumbents of the following County offices shall be as follows:  County Treasurer - $64,250; Real Property Tax Director - $51,281; County Clerk - $57,250; County Attorney - $86,250; Personnel Officer - $50,099; Public Works Superintendent - $66,521; Public Health Director - $64,202; Social Services Commissioner - $68,471; Employment and Training Director - $58,810; Coroners - $150 p/d.

 

            Section 2.       This local law shall take effect on the date of its filing with the Secretary of State.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              12 Ayes, 3 Noes, 0 Absent

                                                                                                Voting No:  Kruger, Russo, Ungermann

 

Comments made regarding Resolution No. 180-08:  Concern was voiced by Legislators Kruger, Russo, and Ungermann about the state of the economy, the recent stock market situation, and the anticipated increase in the County’s state retirement payment.  Salary increases are also accompanied by the 51 percent benefit expense.  Granting increases at this time wouldn’t be setting a good example with constituents.  Economic times should dictate where money is spent, and there are so many places where there is no choice, so something has to suffer, and this is one. 

 

It was also noted that there have been some very productive meetings to establish a system of granting annual salary increases, and there has been progress, but a comment was made that once a plan is devised, it should be adhered to. 

 

In support of the resolution, Legislator Pullen commented that although the County has to have a balanced budget and work through difficulties, the County’s mission involves delivery of services, which is accomplished by department heads and the key positions such as those included in the resolution.  The increases given were less than the cost of living and already reflect the realities of our economic situation.

 

RESOLUTION NO. 181-08

 

RESOLUTION SETTING DATE FOR PUBLIC HEARING ON

EIGHT-YEAR REVIEW OF AGRICULTURAL DISTRICT NUMBER ONE

 

Offered by:  Public Works Committee

 

            WHEREAS, Agricultural District Number One, being within the Towns of Allen, Birdsall, Centerville, Caneadea, Hume, Granger, Grove, New Hudson, and Rushford, was created by Resolution No. 162-2000 on July 10, 2000, and

 

            WHEREAS, pursuant to Agriculture and Markets Law § 303-a an eight-year review of the District is required, and

 

            WHEREAS, a thirty-day notice of such review has been given, and

 

            WHEREAS, the reports of the County Planning Board and the Agricultural and Farmland Protection Board have been prepared recommending a continuation of this District with modifications in acreage, and

 

            WHEREAS, the law requires that a public hearing be held on such review, now, therefore, be it

 

            RESOLVED:

 

            1.         That a public hearing on the review of Agricultural District Number One shall be held by this Board at the County Legislators' Chambers, Room 221, County Office Building, 7 Court Street, Belmont, New York on November 10, 2008, at 2:00 P. M.

 

            2.         That the Clerk of the Board of Legislators shall prepare, with the assistance of the County Attorney, a notice of the public hearing, and cause such notice to be published in the Olean Times Herald and mailed in accordance with Section 303-a of the Agriculture and Markets Law.

 

            Moved by:  Mr. Fanton                                                                            Adopted:  Voice Vote

            Seconded by:  Mr. McCormick

 

RESOLUTION NO. 182-08

 

CREATING ONE POSITION OF CLINIC SECRETARY IN THE HEALTH DEPARTMENT

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That one position of Clinic Secretary is created in the Health Department.

 

            2.         This resolution shall take effect on October 28, 2008.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             15 Ayes, 0 Noes, 0 Absent

 

(Memo:  The Clinic Secretary position created by Resolution No. 182-08 will be in addition to the existing Clinic Secretary who is no longer functioning as Clinic Secretary due to a Plan of Correction through the Article 28 Family Planning program, and duties have been reassigned to her.  A Clinic Secretary is needed in the Family Planning and other Public Health clinics.  Four clerical support positions will be abolished when the Home Care Program transfers in December, so this position will be filled with an existing staff member.  Funding will be 72 percent state and 28 percent County.)

 

Comments made regarding Resolution No. 182-08:  Public Health Director Lori Ballengee explained that the department already lost one clerical person in Home Care due to a resignation, and the existing Clinic Secretary had to take over those duties.  Chairman Crandall noted that the new position falls in line with the plan of adjustments in the Health Department.

 

 

            RESOLUTION INTRO NO. 188-08 (CREATING ONE POSITION OF CORRECTION OFFICER IN THE SHERIFF’S DEPARTMENT) was WITHDRAWN following a motion made by Legislator Dibble, seconded by Legislator Reynolds and carried.  Sheriff Tompkins explained that the Deputy Sergeant planning to retire withdrew his retirement papers, and he won’t need this new position until the retirement occurs.  The retirement will result in the promotion of a Deputy to Deputy Sergeant creating a staff vacancy.

 

 

RESOLUTION NO. 183-08

 

APPOINTMENT OF ONE MEMBER TO COUNTY BOARD OF HEALTH

 

Offered by:  Human Services Committee

 

Pursuant to Public Health Law §§ 343 and 344

 

            RESOLVED:

 

            1.         That Rajan Gulati is appointed to fill a vacancy to the County Board of Health, with term of office commencing October 27, 2008, and expiring July 7, 2013.

 

            Moved by:  Mr. Truax                                                                              Adopted:  Voice Vote

            Seconded by:  Mr. Kruger

 

RESOLUTION NO. 184-08

 

WAIVER OF TRAINING FOR VETERAN PLANNING BOARD MEMBERS

FOR CALENDAR YEAR 2008

 

Offered by:  Ways and Means Committee

 

            WHEREAS, General Municipal Law 239-C provides that the training required by Planning Board Members may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so, and

 

            WHEREAS, Allegany County Board Resolution No. 8-08, Resolution for Acceptable Training for Planning Board Members, states "the training required by this paragraph may be waived or modified by the County when, in the judgment of the governing board, it is in the best interest of the County to do so," and

 

            WHEREAS, the veteran Planning Board members have numerous years of experience, and have attended numerous training sessions and seminars before the 239-C training was required, now, therefore, be it    

 

            RESOLVED:

 

            1.         That the training requirements for the following list of veteran Planning Board members be waived for the calendar year 2008:  Lee Gridley, Ronald Stuck, James Ninos, Charles Jessup, Clifford Ackley, Dale Foster, Robert Ellis, and Wendall Brown.

 

            Moved by:  Mr. Reynolds                                                                        Adopted:  Voice Vote

            Seconded by:  Mr. Russo

 

            Resolution Intro. No. 191-08 (Urging the State of New York Department of Environmental Conservation to Implement a Variance in Existing Regulations Pertaining to Drilling in the Upper Devonian Oil Producing Formations above the Tully Limestone) was amended on a motion made by Legislator Dibble, seconded by Legislator Fanton and carried by adding wording related to an attachment at the end of the ninth “Whereas,” and changing the wording in the tenth “Whereas.”  (County Attorney Thomas Miner distributed amended copies of the proposed resolution prior to the meeting.)

 

RESOLUTION NO. 185-08

 

URGING THE STATE OF NEW YORK DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO IMPLEMENT A VARIANCE IN EXISTING REGULATIONS

PERTAINING TO DRILLING IN THE UPPER DEVONIAN OIL PRODUCING FORMATIONS ABOVE THE TULLY LIMESTONE

 

Offered by:  Ways and Means Committee

 

            WHEREAS, several counties in the State of New York possess exploitable and valuable oil and gas resources, and

 

            WHEREAS, seventy to eighty percent of oil reserves are still in place in Allegany County, and

 

            WHEREAS, new technology has made the renewed production of oil and gas and a revitalization of the oil and gas industry in Allegany County and the State of New York possible, and

 

            WHEREAS, the recent rise in the price of oil has made it profitable to pursue oil and gas development if state regulations and policies are industry friendly, and

 

            WHEREAS, the State of New York through its laws and regulations unnecessarily restricts oil and gas drilling and production within certain geological formations, and

 

            WHEREAS, elimination of certain restrictions has the potential to provide significant economic benefits with little environmental impact, and

 

            WHEREAS, recent worldwide economic events pose serious new challenges to this state’s economy and the economy of Allegany County, and

 

            WHEREAS, it is critical to the well-being of all New Yorkers that the state, in looking for new sources of revenue and economic development, make every effort to promote the intelligent development and utilization of our natural resources, and 

 

            WHEREAS, the New York State Department of Environmental Conservation maintains a geologic chart described as the Stratigraphic Section of Southwestern New York State as attached hereto, and

 

            WHEREAS, the Allegany County Board of Legislators had previously adopted Resolution 136-2008 urging the state legislature and Department of Environmental Conservation to modify New York State Environmental Conservation Law and regulations to eliminate oil well spacing and the gas-oil production ratio in the Upper Devonian Period, Canadaway Group Formations, as described in the Stratigraphic Section of Southwestern New York State maintained by the State Department of Environmental Conservation, and

 

            WHEREAS, present restrictions on shallow Upper Devonian wells lead to premature abandonment of resources and does not protect the correlative rights of mineral owners and well operators, and

 

            WHEREAS, specific steps can and must be taken to address these concerns, now, therefore, be it

 

            RESOLVED: 

 

            1.         That existing state regulations dealing with oil and gas drilling be modified to provide that any Upper Devonian Period well completed in horizons above the Middle Devonian Tully Unit and producing less than ten (10) BOPD shall be deemed a marginal well. All of the sand lenses comprising the Upper Devonian formations above the Tully Unit shall be considered one producing horizon and not subject to commingling rules. These wells shall be spaced in accordance with NYSDEC oil well spacing and not be required to differentiate oil and gas saturations from sand to sand or wellbore to wellbore. Furthermore, gas to oil production ratio requirements shall be eliminated for any oil well drilled in the Upper Devonian where well depth is above the Tully. For oil wells in old oil fields drilled in the Upper Devonian, all spacing requirements shall be eliminated with the exception of property line setbacks. If two adjacent properties in an old oil field have the same mineral rights owners and operators the setback requirements shall be eliminated.

 

            2.         That certified copies of this resolution be mailed to New York State Governor David A. Paterson, NYS DEC Commissioner Peter Grannis, the Senate and Assembly En-Con Committees, Senator Catharine M. Young, Assemblymen Daniel J. Burling and Joseph M. Giglio, NYSAC, and the InterCounty Association of Western New York.

 

            Moved by:  Mr. Reynolds                                                                        Adopted:  Voice Vote

            Seconded by:  Mr. Dibble

 

Comments made regarding Resolution No. 185-08:  Legislator Dibble illustrated the importance of the resolution with the display of some oil field maps.  The gas to oil ratio is presently prohibiting the production of wells.  He also used as an example the following scenario:  One oil and gas company is looking at the Town of Independence.  If the variance is granted by the NYS DEC, it could result in the drilling of 1,000 new oil wells at an investment of $150,000,000 over 20 years; $48 million in royalty payments to the landowners; and $380 million in production income that is subject to sales tax.

 

RESOLUTION NO. 186-08

 

A RESOLUTION DETERMINING THAT ERRORS EXIST ON THE

2006 TO 2008 COUNTY AND TOWN TAX ROLLS FOR THE TOWNS NAMED

WITH REGARD TO REAL PROPERTY OF VARIOUS TAXPAYERS THEREIN;

DIRECTING MAILING OF NOTICES OF APPROVAL OF APPLICATIONS FOR

CORRECTED TAX ROLLS AND ORDERING THE VARIOUS TOWN TAX COLLECTORS

TO CORRECT THE TAX ROLLS; PROVIDING FOR CHARGE BACKS OR CREDITS

 

Offered by:  Ways and Means Committee

 

Pursuant to Real Property Tax Law § 554

 

            WHEREAS, applications, for the taxpayers hereafter described, have been made to the County's Director of Real Property Tax Service Agency, for the correction of certain errors affecting their real property on various tax rolls, and

 

            WHEREAS, the Director has transmitted to this Board the applications, in duplicate, together with a written report of his investigation of the claimed errors and his written recommendation for action thereon by this Board as to each application, and

 

            WHEREAS, this Board has examined each application and report to determine whether the claimed error exists, now, therefore, be it

 

            RESOLVED:

 

            1.         That with regard to the applications for the named taxpayers pertaining to claimed errors regarding their real property on the respective tax rolls of the named Towns, this Board of Legislators does determine that the claimed errors as alleged in those applications exist and does approve those applications.

 

            2.         That the Chairman of this Board is authorized and directed to make a notation on those applications and the duplicates thereof that they are approved, to enter thereon the respective correct extension of taxes as set forth by the Director in his report, to enter thereon the respective date of mailing of a notice of approval, to enter thereon the date of mailing of a certified copy of this resolution to the proper Tax Collector, and to sign thereon as Chairman.

 

            3.         That the Clerk of this Board is directed to mail to the below listed taxpayers a notice of approval stating, in substance, that their application made has been approved, to inform the Chairman of this Board of the date of the mailing thereof, and to inform such respective taxpayers of the applicable provisions of subdivision seven of Section 554 of the Real Property Tax Law.

 

            4.         That the Tax Collector of the Town of Angelica is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Benson, Irvine S.;  Parcel 120.18-1-96                                    

                        Assessment:  Land $500 Total $500

 

this Parcel should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

Allegany County                         $7.52

Town of Angelica                       $2.34

School Relevy                            $8.52

Total                                          $18.38

 

            5.         That the Tax Collector of the Town of Grove is ordered and directed to correct in the 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Hotchkiss, Joan M. & Lovelace, Sharron R.;  Parcel 9.-1-12.4

                        Assessment:  Land $7,425 Total $7,425

 

this Parcel is a duplicate and should have been deleted from the Tax Roll, and the County Treasurer is directed to make the following charges on her books:

 

Allegany County                     $110.66

Town of Grove                          $79.82

Fire                                              $1.14

Total                                        $191.62

 

            6.         That the Tax Collector of the Town of Willing is ordered and directed to correct in the 2006 to 2008 County and Town Tax Roll the assessment or taxes, or both, of the property assessed to the following taxpayer and described as follows:

 

            a.         Taylor, Rick;  Parcel 187.-1-983

                        Assessment:  Land $9,522 Total $9,522

 

this Parcel should not have been on the Tax Roll because it doesn't exist, and the County Treasurer is directed to make the following charges and refund on her books:

 

                                                                                  2006-2007

                                                                    2006           School               2007               2008

 

Allegany County               $138.85                                  $147.64          $142.46

Town of Willing                   $51.48                                    $52.50            $51.91

Fire                                        $8.70                                      $8.74              $7.98

School Relevy                  $234.43          $224.83                                  $243.31

School Library                                              $3.11                                               

Total                                  $433.46          $227.94          $208.88          $445.66

 

            7.         That the Clerk of this Board is directed to forthwith mail a certified copy of this resolution to the various Tax Collectors for the Towns stated above together with the original copies of those applications completed in accordance with section two of this resolution.

 

            8.         The Clerk of this Board shall mail a copy of this resolution to the above named School and the amount to be charged to each School shall not be charged until 10 days after such mailing.  Such amount shall be deducted by the County Treasurer from the money payable to each School as a result of school taxes returned after the date such amount is charged and which shall be paid to each School after May 1, 2009.  The County Treasurer shall send a written notice to each School of the amount of such deduction prior to May 1, 2009.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Hopkins                                                          15 Ayes, 0 Noes, 0 Absent

 

RESOLUTION NO. 187-08

 

ACCEPTANCE OF INSURANCE PAYMENTS FROM

ZURICH AMERICAN INSURANCE COMPANY AND NYMIR;

APPROPRIATION OF FUNDS TO RISK RETENTION ACCOUNT

 

Offered by:  Ways and Means Committee

 

            WHEREAS, a check in the amount of $5,571, representing the actual cash value plus tax and title fee for a totaled 2001 Chevy Malibu County vehicle has been offered by Zurich American Insurance Company, and

 

            WHEREAS, a check in the amount of $220.96, representing the full cost to replace a broken windshield on a 1998 Chevy Lumina County vehicle has been offered by NYMIR, now, therefore, be it

 

            RESOLVED:

 

            1.         That the insurance payments from Zurich American Insurance Company and NYMIR totaling $5,791.96, are accepted.

 

            2.         That the sum of $220.96 is appropriated to Account No. CS1931.429 (Risk Retention – Uninsured Property Loss) and the sum of $5,791.96 is credited to Revenue Account No. CS07.2680 (Risk Retention – Insurance Recovery).

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Hall                                                                  15 Ayes, 0 Noes, 0 Absent

 

RESOLUTION NO. 188-08

 

REAPPROPRIATION OF 2007 CALENDAR YEAR FUNDING FOR

HEAP AND POE FROM THE STATE OF NEW YORK

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That HEAP and POE grant funds in the amount of $15,500 not spent in calendar year 2007 are reappropriated as follows:  $4,000 to Account No. A6777.1; $2,500 to Account No. A6777.8; $6,000 to Account No. A6787.1; $1,500 to Account No. A6787.4; and $1,500 to Account No. A6787.8; with a sum of $6,500 to Revenue Account No. A09.2801.40; and $9,000 to Revenue Account No. A10.3772.6787.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              15 Ayes, 0 Noes, 0 Absent

 

RESOLUTION NO. 189-08

 

INCREASING APPROPRIATIONS AND REVENUES IN OFFICE FOR AGING ACCOUNTS

 

Offered by:  Human Services Committee

 

             WHEREAS, the Office for the Aging has advised that due to supplements in Federal Grants Titles III-B, III-E, and VII with the Department of Social Services, certain appropriations and revenues should be increased, now, therefore, be it

 

            RESOLVED:

 

            1.         That the following Office for the Aging Accounts are increased a total of $3,959 as follows:  $403 to Account No. A6773.4; $3,455 to Account No. A6781.4; and $101 to Account No. A6786.4; with a sum of $403 to Revenue Account No. A11.4772.01; $3,455 to Revenue Account No. A11.4772.05; and $101 to Revenue Account No. A11.4772.10.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Dibble                                                             15 Ayes, 0 Noes, 0 Absent

 

RESOLUTION NO. 190-08

 

TRANSFER OF FUNDS WITHIN OFFICE FOR AGING ACCOUNTS

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That the sum of $20,310 is transferred within Office for Aging accounts, as follows:

 

             From                                          To                                        Amount

            A6722.1                                 A6772.4                                 $1,500

            A6772.1                                 A6772.8                                 $2,000

            A6773.1                                 A6773.4                                 $4,000

            A6773.1                                 A6773.8                                 $1,400

            A6776.1                                 A6776.4                                 $4,700

            A6776.1                                 A6776.8                                 $1,100

            A6778.1                                 A6778.8                                 $1,200

            A6779.1                                 A6779.8                                 $   300

            A6780.1                                 A6780.8                                 $1,500

            A6782.1                                 A6782.8                                 $1,100

            A6784.1                                 A6784.8                                 $1,510

                                                                                    Total              $20,310

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              15 Ayes, 0 Noes, 0 Absent

 

Comments made regarding Resolution No. 190-08:  Office for the Aging Director Kimberley Toot explained that there were extra funds that could be transferred from the personnel services accounts because of some personnel issues:  their Coordinator of Services resigned and it took a few months to fill the position, and there were a couple of medical leaves.

 


RESOLUTION NO. 191-08

 

TRANSFER OF FUNDS WITHIN SOLID WASTE CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Public Works Committee

 

            RESOLVED:

 

            1.         That the sum of $41,000 is transferred from Account No. A8160.1 to Account No. A8160.4 to cover expenditures for the remainder of year.

 

            Moved by:  Mr. Fanton                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              15 Ayes, 0 Noes, 0 Absent

 

RESOLUTION NO. 192-08

 

TRANSFER OF FUNDS FROM CONTINGENT ACCOUNT TO

LAW ENFORCEMENT SHERIFF CONTRACTUAL EXPENSES ACCOUNT

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         That the sum of $31,250 is transferred from Account No. A1990.4 (Contingent) to Account No. A3110.4 (Sheriff – Contractual), to finance the purchase of scheduling software.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             15 Ayes, 0 Noes, 0 Absent

 

(Memo:  The scheduling software referred to in Resolution No. 192-08 will be utilized for controlling and documenting all work, including overtime, in the jail.  The Telestaff software has an initial contract cost of $33,250, of which $5,000 is designated for a server.  Initial conversations with the Information Technology Department suggest that the server can be purchased for between $2,500 and $3,000, resulting in an initial cost of approximately $31,250.  The annual maintenance cost for the first year would be $4,470.  The Sheriff anticipates recovering the initial cost within a five-year period through better monitoring of all shifts and control of overtime.)

 

Comments made regarding Resolution No. 192-08:  Sheriff William Tompkins explained that the software will pay for itself inside of five years.  Currently they have to pay a person to call staff in for overtime; sometimes that person is dedicated for an entire shift making calls.  The software would do that automatically and makes a complete digital record to back-up contractual obligations.  It will give employees access to the scheduling process, and days off will have to be approved electronically.  The system will keep track of the entire process, something that has never occurred before.  With the large number of employees, it’s becoming impossible to keep up day to day.  The software also interfaces with our AS400 accounting system.  Another advantage will be accountability.  Savings will be realized by not having to have personnel tied up making the overtime calls, and also by the eliminating the problem of having two people show up for overtime, both claiming to have been called in.  Jail Administrator Christopher Ivers spoke with other counties using the software and they speak highly of it.  Chairman Crandall noted that contracts and agreements should be reviewed by the County Attorney, and IT should be consulted about compatibility.

 

RESOLUTION NO. 193-08

 

APPROVAL OF AMENDMENT OF COURT SECURITY AGREEMENT (C200357)

BETWEEN THE NEW YORK STATE UNIFIED COURT SYSTEM AND

THE ALLEGANY COUNTY SHERIFF'S DEPARTMENT

 

Offered by:  Public Safety and Ways and Means Committees

 

            RESOLVED:

 

            1.         The amendment agreement for the period April 1, 2008, through March 31, 2009, between the New York State Unified Court System and the Allegany County Sheriff's Department for the provision of Court Security, is approved.

 

            2.         That the Allegany County Sheriff being authorized to execute such Amendment on behalf of the County.

 

            Moved by:  Mr. Dibble                                                                                 Adopted:  Roll Call

            Seconded by:  Mr. Reynolds                                                         15 Ayes, 0 Noes, 0 Absent

 

(Memo:  The Court Security Agreement Amendment approved by Resolution No. 193-08 includes reimbursement for services in the amount of $288,957.)

 

RESOLUTION NO. 194-08

 

APPROVAL OF AGREEMENTS WITH APPROVED PROVIDERS OF PROGRAMS,

SEIT AND/OR EVALUATIONS FOR PRESCHOOLERS WITH DISABILITIES

 

Offered by:  Human Services Committee

 

            RESOLVED:

 

            1.         That each Agreement titled "County of Allegany Contract for Approved Providers of Programs, SEIT and/or Evaluations for Preschoolers with Disabilities” with Pathways, Inc., and Kid-Start, Livingston Wyoming ARC for the period September 1, 2008 to August 31, 2009, is approved.

 

            2.         That the Chairman of this Board is authorized to execute such Agreements.

 

            Moved by:  Mr. Truax                                                                                   Adopted:  Roll Call

            Seconded by:  Mr. Pullen                                                              15 Ayes, 0 Noes, 0 Absent

 

(Memo:  The contracts approved by Resolution No. 194-08 provide for special education services for preschoolers with disabilities, and are renewed annually.  Services include: center-based programming, SEIT (Special Education Itinerant Teacher), and evaluation services.  Reimbursement for services provided will be made at the rates approved by the New York State Education Department.)

 

            Resolution Intro. No. 201-08 (Resolution Urging the Governor and the State Legislature to Reduce State Spending without Shifting Costs for State Programs to County Government) was not pre-filed and was considered from the floor on a motion made by Legislator Reynolds, seconded by Legislator Truax and carried.

 

RESOLUTION NO. 195-08

 

RESOLUTION URGING THE GOVERNOR AND THE STATE LEGISLATURE

TO REDUCE STATE SPENDING WITHOUT SHIFTING COSTS FOR

STATE PROGRAMS TO COUNTY GOVERNMENT

 

Offered by:  Ways and Means Committee

 

            WHEREAS, Counties in New York have long served as the principal partner in administering the State's most critical programs in areas such as health, human services, and public protection, and

 

            WHEREAS, as part of administering these programs, the State mandates that counties fund a significant portion of these programs through the county budget, and

 

            WHEREAS, these State mandates are the root cause of high property taxes at the county level, and

 

            WHEREAS, the enacted budget for State Fiscal Year 2008-09, included an across the board 2 percent reduction that affected over 100 county programs, and

 

            WHEREAS, the majority of the programs affected by this across the board reduction are State mandated, thus, significantly limiting a county's ability to mitigate the fiscal burden of this State action, and

 

            WHEREAS, as State policy makers continue to address looming State budget deficits it is critical that they draw a clear distinction between "cuts" in State funding and simple cost shifting that requires counties to fund a larger share of State mandated services, and

 

            WHEREAS, as experienced managers who must balance their own budgets, county officials understand and support the need for spending restraint, especially in difficult times, and

 

            WHEREAS, counties believe that it is preferable to restructure and eliminate unnecessary and wasteful spending than to implement across the board reductions without examining the merits of each program and service, now, therefore, be it

 

            RESOLVED:

 

            1.         That the Allegany County Board of Legislators calls on the Governor and State Legislature to reduce State spending without shifting the costs for State programs to county government.

 

            2.         That this Board believes that by working together, the State and its counties can fashion program efficiencies and changes that provide real, timely, and mutual fiscal benefit, while minimizing the impact on taxpayers.

 

            3.         That the Clerk of this Board is directed to send certified copies of this resolution to Governor David Paterson, the New York State Legislature, and all other members deemed necessary and proper.

 

            Moved by:  Mr. Reynolds                                                                             Adopted:  Roll Call

            Seconded by:  Mr. Fanton                                                             15 Ayes, 0 Noes, 0 Absent

 

AUDITS:

 

            A motion was made by Legislator Truax, seconded by Legislator Kruger and carried, that the audits be acted upon collectively and by totals.

 

            A motion was made by Legislator Truax, seconded by Legislator Dibble and adopted on a roll call vote of 15 Ayes, 0 Noes, 0 Absent, that the audit of claims, totaling $1,678,134.99 including prepaid expenses, be approved for payment as recommended by the County Administrator.  (Allegany County’s Local Dollar Share of the NYS Medicaid Program paid year-to-date is $7,396,531.)

 

COMMENTS:

 

            Legislator Reynolds made note of an article written by Legislator Hall that appeared in the NYSAC News entitled, “Innovation Solution Expands Wireless Network Capabilities.”

 

            Legislator Pullen commented on a recent article in “Business First” of Buffalo in which Niagara County is cited as facing a heavy tax burden, the heaviest tax burden in America.  Residents there pay an average of 2.92 percent of their home’s value in real property taxes.  He felt there was something wrong with those numbers, because Allegany County is burdened with a significantly higher average, with some residents paying seven percent.  Further in the article it was noted that the report considered 788 United States counties with populations of 65,000 or more, so the smaller, more rural counties are not even included.  Mr. Pullen also looked at a report from the U.S. Tax Commission.  The top eight most heavily tax burdened counties are all from Upstate New York, and 20 of the top 100 are from Upstate New York.  New York City doesn’t even show up, as they are among the lowest burdened counties.  By eliminating those counties with populations less than 65,000, the “Business First” article drops 23 counties from NY that are very heavily burdened.  This reflects that the state taxing system policies and programs unfairly hit and burden rural Upstate New York counties.  They have borne a high percentage of the costs of programs, and don’t have the businesses they have in urban areas to help with the tax base, so it comes out of real property tax.  The average tax burden across the country is .9 percent, and in our County some pay seven percent.  We have lost population and seats in the legislature.  Programs are proposed with a break based on income for equity, when the underlying realities show they have targeted rural counties that don’t have the means to pay any other way than property taxes.  Letters should be written to our federal and state officials encouraging them to look for ways to address this issue.  We’re paying a tax rate six times the national average, and even the statistics don’t reflect it because we’re so small.

 

ADJOURNMENT:  The meeting was adjourned following a motion made by Legislator Truax, seconded by Legislator Dibble and carried.